Section 337 has evolved throughout the years to make it easier for intellectual property (IP) holders to assert their rights in the ITC. Goodwin’s guide serves as a tool to help companies navigate the complex landscape – exploring the unique legal and practical aspects of Section 337 and offering insights for litigating these important cases.

“With an increase in new innovations, we must ensure there are efficient and effective strategies in place to protect companies from IP theft, and to that end a keen understanding Section 337 is pivotal for entities arguing before the ITC,” said Marcia Sundeen, partner in Goodwin’s IP Litigation group. “This guide breaks down the key elements of Section 337 and shares what companies need to know when involved in these critical investigations.”

The guide features:

An Overview of Section 337 – Provides details on how ITC cases differ from litigation in the U.S. federal courts, including relevant statistics illustrating the popularity of the statute as well as its outcomes.

Elements of a Section 337 Violation – Focuses on the legal elements of Section 337, specifically around 1) an unfair act; 2) importation; 3) domestic industry; and 4) injury to the complainant, in those cases not involving alleged infringement of a patent, registered trademark, copyright or mask work. The section also discusses the legal aspects of exclusion orders, cease and desist orders and public interest considerations.

The guide concludes with brief remarks on the future of Section 337, which will continue to be an important tool to combat infringing products and monetizing IP rights. The guide can be accessed online.

Goodwin’s Intellectual Property Litigation Practice has been named by Law360 as one of its “Practice Groups of the Year” for two consecutive years and recognized in the National Law Journal’s 2016 "Intellectual Property Hot List." Goodwin’s IP Practice has worked with clients to secure preliminary injunctions, declaratory and summary judgments, favorable results in Markman proceedings, advantageous settlements, victories at trial and appellate relief. Goodwin attorneys routinely work with clients to take cases from pre-suit investigations through discovery and trials. Goodwin’s ITC team has substantial knowledge of complex investigations under Section 337. Learn more about Goodwin's ITC Practice.

About Goodwin

At Goodwin, we use law to achieve unprecedented results for our clients. Our 900 plus lawyers across the United States, Europe and Asia excel at complex transactions, high-stakes litigations and world-class advisory services in the financial, life sciences, private equity, real estate and technology industries. We partner with our clients to practice law with integrity, ingenuity, agility and ambition. To learn more, visit us at www.goodwinlaw.com and follow us on Twitter at @goodwinlaw and on LinkedIn.